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Outer Continental Shelf Lands Act

What is the outer Continental Shelf?

In August 1954, the
Outer Continental Shelf Lands Act (OCSLA) was created to govern activity related to the outer Continental
Shelf (OCS).
The act defines the OCS as the following:

"The term 'outer Continental Shelf' means submerged lands lying seaward
and outside of the area of lands beneath navigable waters…of which
the subsoil and seabed appertain to the United States and are subject
to its jurisdiction..."

43 USC § 1301 defines "lands beneath navigable waters" as:

Lands within a state's boundary covered by nontidal water, which is navigable
under U.S. law;

Lands permanently or periodically covered by tidal waters up to the mean
high tide and up to three geographical miles distance from the state's
coastline; or

Simply, the outer Continental Shelf is submerged land outside of state
coastal waters but still within U.S. jurisdiction.

History of OCSLA

By the middle of the 20th century, with the country transitioning away
from a wartime-economy, demand for oil and gas skyrocketed. Offshore exploration
took off, and by 1949, there were more than 44 exploratory wells in production
in the Gulf of Mexico. Within the next decade, oil production became America's
second largest source of revenue. Eventually, in 1953, the U.S. Submerged
Lands Act was passed, under which the federal government controlled submerged
land three geographical miles away from the coastline; exceptions were
made for coasts along the Gulf of Mexico, where state control was extended
for nine nautical miles.

One year later, in 1954, the government passed OCSLA, which defined federal
jurisdiction over the OCS; the Secretary of the Interior was also granted
the ability to lease lands under federal control for mineral development.
Later, the Secretary of the Interior designated the Minerals Management
Service (MMS) to be the agency responsible for leasing the OCS and supervising
activity following the lease. The MMS was later renamed to the Bureau
of Ocean Energy Management, Regulation and Enforcement (BOEMRE).

How does OCSLA affect offshore workers?

Section 1333(b) of OCSLA addresses issues pertaining to employees disabled
or killed while working on the OCS in operations for the exploration,
development, removal, or the transportation by pipeline of natural resources.
Under this section, these employees can be paid compensation under the
Longshore and Harbor Workers' Compensation Act (LHWCA). In order to qualify
for coverage under this OSCLA extension of LHWCA, the injured or deceased
offshore employee cannot be a vessel master or crewmember of any vessel
or an officer or employee of the U.S.

2012 Supreme Court Ruling

In January 2012, the U.S. Supreme Court ruled unanimously that OCSLA extends
coverage to workers so long as they can establish a substantial nexus
between their injury and the OCS extractive operations of his or her employer.
The historic ruling dealt with the case of Juan Valladolid, who worked
on an offshore drilling platform, but was killed at an onshore oil processing
facility. His employer argued that he should have sought relief under
state workers' compensation law since the incident occurred on dry land.
The court ruled that OCSLA can be applied to anyone who is injured or
killed as a result of OCS operations, regardless of location.

According to Justice Thomas:

"We are confident that ALJs and courts will be able to determine whether
an injured employee has established a significant causal link between
the injury he suffered and his employer's on-OCS extractive operations.
Although we expect that employees injured while performing tasks on the
OCS will regularly satisfy the test, whether an employee injured while
performing an off-OCS task qualifies…is a question that will depend
on the individual circumstances of each case."

OCS refers to all submerged lands, subsoil, and seabed that belong to the
U.S. and are lying seaward and outside of the states' jurisdiction. The
OCS is the part of the internationally recognized continental shelf of
the United States.

What laws apply to workers injured on the OCS?

For maritime workers who have sustained serious injuries while working
on the Outer Continental Shelf, they are afforded serious protection under
OCSLA. This federal law extends certain protections to these workers,
such as the ability to obtain medical treatment and financial compensation.
However, filing a claim to obtain this compensation is not always easy.
In fact, many claims that are completely legitimate are often denied.

For this reason, it is crucial that injured workers seek counsel from a
knowledgeable offshore injury lawyer.

OCSLA applies the adjoining state's personal injury law to injuries occurring
on an OCSLA situs. Notably, if OCLSA applies, the adjacent state's statute
of limitations also applies. If the adjacent state is Louisiana, for example,
an OCSLA claim will only have a statute of limitations of one year. While
some situations related to "traditional maritime activity" allow
the general maritime law's three-year statute of limitations to apply,
a thorough investigation by a maritime lawyer into the detailed facts
of your case must be made.

What are my remedies?

Under OCSLA, workers who are employed on offshore platforms for the purpose
of exploring and developing natural resources along the Outer Continental
Shelf are given protection under the Longshore and Harbor Workers' Compensation
Act. Workers who are injured while working aboard offshore platforms on
the OCS may also be entitled to recover benefits under state workers'
compensation programs, depending on the state where they live.

OCSLA provides that the injured worker shall receive benefits identical
to those found under the LHWCA, and the payment of all medical expenses
associated with the injury. If the worker sustains is injured or killed
at the fault of a third party, a claim for damages is also available as
an OCSLA "third party action." In a third party case, an injured
worker's damages include pain and suffering, lost wages, cost of medical
treatment, and more.

Talk to an Experienced Maritime Lawyer Today

For workers who are injured while working on the Outer Continental Shelf,
one of the largest complications is determining whether better benefits
can be procured under state or federal law. At Arnold & Itkin, our
maritime injury lawyers are proven in trial and proud of taking a detailed
team approach. Should you choose to work with us, you can rest assured
that we will be able to evaluate your case to determine the best course
of action. To get started with your case today, do not hesitate to request
your free case evaluation.

Were you injured in an accident linked to OCS activity? Are you unsure
about whether or not OCSLA applies to you? Get the help you deserve from
the maritime law attorneys at Arnold & Itkin!

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